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Filter: Labour law
Are You Considered an Employee in Terms of the Labour Relations Act?

03 May 2024,  Bridgeton Petoors

There is often confusion as to whether someone is an independent contractor or an employee, and thus, whether they are... protected under the Labour Relations Act or not. More often than not, independent contractors believe that they have signed employment contracts as employees, when, in reality, they have signed independent contractor agreements and, in laymen terms, have signed ‘their rights away’. That is, their rights under the Labour Relations Act (LRA). This article explores the differences between an independent contractor and an employee, and what factors to take into account in determining each, respectively.

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371
Article
“It is not in my job description” may not be a valid excuse to refuse work instructions

03 March 2021

It often happens that employers give instructions to employees that do not form part of their usual routine. This article... will briefly discuss whether employees are obliged to execute all instructions received from their employer or supervisor, even if it is not what the employee was employed to do.

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557
Article
Does working beyond expiry date in fixed-term contract constitute permanent employment?

15 January 2021

I was employed on a fixed-term contract from 15 July 2013 – 14 July 2014. When my contract expired, I... continued working in my position and performing the same tasks. The expiration of my contract was never made an issue. I was, however, dismissed two years later due to the expiration of my contract. Was I a permanent employee? Was my dismissal fair? What is my recourse?

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1404
Article
Employee alleges being dismissed on account of his depression

29 October 2020

In 2010, an employee employed with Legal Aid SA was diagnosed and treated for depression and high anxiety. Later that... year, the employee was booked off for a week. It was at this stage that the employer became aware of the employee’s health condition. Despite the employee’s diagnosis, his work performance was not affected. However, soon thereafter, his condition deteriorated, resulting in him being absent from work more frequently. In September 2013, he received a final written warning for unauthorised absenteeism and failure to furnish any explanation for his absence. He was subsequently dismissed for similar charges in November 2013.

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423
Article

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